PAWAN KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The present bail application has been maintained by the petitioner under Section 439 of the Code of Criminal Procedure seeking his release in case FIR No. 12 of 2019, dated 17.02.2019, under Sections 376, 506 IPC and Section 4 of POCSO Act, registered in Police Station, Jubbal, District Shimla, H.P.

(2.) As per the averments made in the petitions, the petitioner is innocent and has been falsely implicated in the present case. The petitioner is resident of the place and neither in a position to tamper with the prosecution evidence nor in a position to flee from justice. No fruitful purpose will be served by keeping him behind the bars for an unlimited period, so he may be released on bail.

(3.) Police report stands filed. As per the prosecution story, on 17.02.2019 the prosecutrix (name withheld) reported to the police that the petitioner, who is jija of the prosecutrix, forcibly sexually molested her. On 27.12.2018 also the petitioner sexually molested her in forest.